SHORELINE -- A jury decided yesterday that a sniper
with the King County Sheriff's Office was justified when he shot and
killed Lonnie Davis Jr., ending a deadly crime spree.
After listening to a week of testimony, jurors said
in interviews, they found little fault with what Deputy Don Ellis did
that day.
"Don Ellis was trained to do a certain thing. And he
did what he was trained to do," said jury foreman Ram C. Prasad.
The jury's decision was unanimous.
"I'm glad it's over," said Ellis, who had never been
involved in a police shooting in more than eight years as a SWAT team
marksman. "It's unfortunate these events have to occur."
Several jurors, however, did question police tactics
on May 28.
They wondered especially whether better efforts could
have been made to negotiate the gunman's surrender and whether tear gas
should have been fired into the heavily armed house.
"What could have been done to get Mr. Davis to
surrender? We went around and around on that," Prasad said in describing
the jury's deliberations, which lasted more than three hours.
In King County, police use of deadly force goes
before a District Court inquest to see whether law enforcement actions
were proper and to give the incident a public airing.
The jury's decision will be forwarded to King County
prosecutors, who must now decide whether charges should be filed in the
police shooting.
King County has been using inquests after police
shootings since the mid-1980s, and juries typically side with officers.
Other counties in the state use the inquest process sparingly.
The only instance in recent years of a jury going
against police had to do with a shooting in 1992 in Snohomish County. In
that incident, a SWAT team member shot to death a fleeing woman.
The Davis case was unusual because more than an hour
before Ellis made the fatal shot with his .308-caliber scoped rifle, top
officials had given authorization for a "marksman's resolution."
That meant Ellis or the other three marksmen who had
been deployed could shoot Davis if he still presented a deadly threat.
The marksmen are trained to aim for the head.
Davis' family may file a lawsuit over the 21-year-old
man's death. But attorney Michael Jacobson said that decision hasn't
been made.
Lonnie Davis Sr., the dead man's father, attended
parts of the inquest and expressed frustration over the proceedings and
the testimony of law enforcement officials. He said he doubts that the
son he knew could have done what authorities have described.
Police believe Lonnie Davis Jr.'s violent rampage
began in Brier, where he allegedly stabbed to death his mother and
toddler nephew. He allegedly then took a car and fled south on
Interstate 5, where he ran into a motorcyclist.
The motorcyclist's leg had to be amputated.
Davis then ran into a Shoreline neighborhood on
Seventh Avenue Northeast. Within minutes, he had beaten one woman to
death and broke the neck of another.
Davis took refuge in a house that contained eight
guns and hundreds of rounds of ammunition.
He fired on police for several hours, wounding one
officer in the head.
Nothing was said or presented at the inquest in
Shoreline District Court that answered why Davis, who had some brushes
with the law but was considered "sweet" by family members, snapped that
day.
Jurors wondered what sparked it all.
"This was a really violent incident," said juror
Louis Peterman. "What happened?"
The only time Davis communicated with police was when
he emerged from the house to shoot at two SWAT officers. One officer
reported hearing Davis swear at police.
A short time later, Davis appeared in an open window
with a .45-caliber pistol in his hand. From the back room of a nearby
home, Ellis took his shot. The bullet hit Davis in the face, and Davis
died within seconds.
Several jurors extended their thanks to Ellis for the
job he does, and they offered their sympathy to the Davis family. Prasad
also thanked Shoreline Police Chief Sue Rahr for "protecting the
community."
Rahr spoke with jurors after the decision.
Some jurors wondered whether police could have used
other means to try to talk to Davis.
Police negotiators phoned the home where Davis was,
but he never picked up the receiver. The negotiators left messages for
Davis on an answering machine.
One juror noted that Davis was apparently watching
the incident on live television and speculated that perhaps police
should have tried to communicate with Davis through that medium.
The SWAT team fired tear gas only after Davis was
shot. Officers said they had planned to use tear gas earlier, but
neighborhood evacuation delayed that plan.